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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
Group: Air Traffic Control
(all employees)
1.01 The purpose of this Agreement is to maintain harmonious relationships
between the Employer, the Association and the employees and to set forth certain terms and conditions of employment
affecting employees covered by this Agreement.
1.02 The parties to this Agreement share a desire to contribute toward the
improvement of aviation safety and to advance the well-being of its employees so as to promote the safe provision of
air traffic control services to the public.
Unless specified elsewhere in this Agreement, the following definitions will apply throughout this Agreement:
"Designated holiday" means the twenty-four (24)-hour period commencing at 00:00 hours of a day designated as
a holiday in this agreement (jours fériés désignés).
**
"Employee" means a person so defined in the Public Service Staff Relations Act, and who is a member of
the Air Traffic Control bargaining unit (employé).
"Employer" means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person
authorized to exercise the authority of the Treasury Board (Employeur).
"Normal pay" means compensation for the performance of duties of a position including Supervisory
Differential, but exclusive of allowances, special remuneration, overtime, other compensation, and other gratuities
(rémunération normale).
"Straight-time rate" means an employee's weekly rate of pay divided by thirty-seven and one-half (37 1/2)
(taux horaire normal).
"Weekly rate of pay" means an employee's annual normal pay divided by 52.176 (taux de rémunération
hebdomadaire).
3.01 All the functions, rights, powers and authority which the Employer
has not specifically abridged, delegated or modified by this Agreement are recognized by the union as being retained by
the Employer.
4.01 Nothing in this Agreement shall be construed to require the Employer
to do or refrain from doing anything contrary to any instruction, direction or regulations given or made by or on
behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or
associated with Canada.
5.01 Where there is a conflict between this Collective Agreement and any
Regulation or Directive, except as provided under Section 57(2) of the Public Service Staff Relations Act, this
Agreement shall take precedence over said Regulation or Directive.
6.01 The parties agree that there shall be no discrimination exercised or
practiced with respect to an employee by reason of race, national or ethnic origin, colour, religion, age, sex, sexual
orientation, marital status, family status, disability, a conviction for which a pardon has been granted, or membership
or activity in the Association.
**
7.01 The Employer recognizes the Canadian Air Traffic Control Association
as the exclusive bargaining agent for all employees in the bargaining unit as defined in the certificate issued by the
Public Service Staff Relations Board on the twenty-eight (28th) day of November, 1967, and amended on the
seventh (7th) day of June, 1999.
7.02 The Association shall notify the Employer promptly and in writing of
the names of its representatives, the respective dates of their appointment and the names, if any, of those
representatives who are being replaced or discontinued.
**
7.03 The Employer acknowledges the right of the Association to appoint
employees as Stewards. The Association and Employer jointly shall determine the jurisdiction of the Steward having
regard to the plan of organization, the disbursement of employees at the work place, and the administrative structure
implied in the grievance procedure.
7.04 The Association recognizes that employees who are representatives of
the Association have regular duties to perform in connection with their work for the Employer.
7.05 A Steward shall obtain the permission of his or her immediate
supervisor before leaving his or her work to investigate complaints or grievances of an urgent nature, to meet with
local management for the purpose of dealing with these matters and to attend meetings called by management. Such
permission shall not be unreasonably withheld. The Steward shall report back to his or her supervisor before resuming
his or her normal duties.
8.01 Subject to the provisions of this Article, the Employer will, as a
condition of employment, deduct Association membership dues from the monthly pay and/or training allowance provided for
under the terms of the Retraining and Reassignment Program for Air Traffic Controllers, of all employees in the
bargaining unit.
8.02 The provisions of clause 8.01 will be applied effective the first of
the month following the signing of this Agreement and the deductions from the pay and/or the training allowance for
each employee in respect of each month will start with the first full month of employment. Where an employee does not
have sufficient earnings in respect of any month to permit deduction the Employer shall not be obliged to make such
deduction from subsequent salary.
8.03 The amounts deducted in accordance with clause 8.01 shall be remitted
by cheque to the National Secretary-Treasurer of the Association within a reasonable period of time after deductions
are made and shall be accompanied by particulars identifying each employee and the amount of the deduction made on
behalf of each employee.
8.04 The Employer shall provide a voluntary revocable check-off of
premiums payable on health and sickness, and life insurance plans provided by the Association for its members on the
basis of production of appropriate documentation, provided that the amounts so deducted are combined with Association
dues in a single monthly deduction.
8.05 The Association agrees to indemnify and save the Employer harmless
against any claim or liability arising out of the application of this Article.
8.06 If a general revision in the amount of membership dues is to be made
during the term of the Agreement, the Association agrees to notify the Employer in writing at least sixty (60) days
prior to the effective date of such revision.
8.07 No employee organization, as defined in Section 2 of the Public
Service Staff Relations Act, other than the Association, shall be permitted to have membership dues and/or other
monies deducted by the Employer from the pay of employees in the bargaining unit.
9.01 Employee complaints or grievances will be dealt with in accordance
with the procedure set forth in this Article.
9.02 Definitions
(a) Days - All "days" referred to in this procedure are calendar days exclusive of
Saturdays, Sundays and designated holidays.
(b) Immediate Supervisor - The "immediate supervisor" is the supervisor who has been
specified by the Department to deal with a complaint from employees in his or her work area, and to receive written
grievances and process them to the appropriate step in the procedure.
(c) Management Representative - The "management representative" is the officer
identified by the Employer as an authorized representative whose decision constitutes a step in the grievance
procedure.
9.03 Right to Present Grievances
Subject to and as provided in Section 91 of the Public Service Staff Relations Act an employee who feels that
he or she has been treated unjustly or considers himself or herself aggrieved by any action or lack of action by the
Employer in matters other than those which are dealt within the classification grievance process is entitled to present
a grievance in accordance with the procedure provided by this Article except that:
(a) where there is another administrative procedure provided in or under any Act of Parliament to deal with an
employee's specific complaint such procedures must be followed,
and
(b) where the grievance relates to the interpretation or application of this Collective Agreement or an arbitral
award relating thereto the employee is not entitled to present the grievance unless the employee has the approval of
and is represented by the Association.
A grievance must be presented not later than twenty-five (25) days from the day on which the employee was notified
or informed of the decision or circumstance that is the subject of his or her grievance.
9.04 Representation
An employee may be assisted and/or represented by an authorized representative of the Association when presenting a
grievance at any step. Such representative may meet with the Employer to discuss a grievance at each or any step of the
grievance procedure.
9.05 Procedure
Complaints - An employee who has a complaint should attempt to resolve the same through discussion with his
or her immediate supervisor.
9.06 Step One
An employee may present his or her grievance in writing to his or her immediate supervisor within the
twenty-five (25) day period referred to in clause 9.03 above. The immediate supervisor shall sign the form indicating
the time and date received. A receipted copy will be returned to the employee and a copy forwarded to the management
representative authorized to make a decision at Step One. The management representative shall give the decision as
quickly as possible and not later than fifteen (15) days after the day on which the grievance was presented. The
decision will be in writing and a copy will be returned, through the immediate supervisor, to the employee.
9.07 Step Two
If a decision in Step One is not acceptable to the employee, he or she may, not later than ten (10) days after
receipt of the decision in Step One, or if no decision was received, not later than fifteen (15) days after the last
day on which he or she was entitled to receive a decision, present the written grievance to his or her immediate
supervisor who will sign it indicating the time and date received. A receipted copy will be returned to the employee
and a copy forwarded to the management representative authorized to make a decision at Step Two. The management
representative shall give the decision as quickly as possible and not later than fifteen (15) days after the grievance
was presented. The decision will be in writing and the employee copy will be returned, through the immediate
supervisor, to the employee.
9.08 Step Three
If a decision in Step Two is not acceptable to the employee, he or she may, not later than ten (10) days after
receipt of the decision in Step Two, or if no decision was received, not later than fifteen (15) days after the last
day on which he or she was entitled to receive a decision, present the written grievance to his or her immediate
supervisor who will sign it indicating the time and the date received. A receipted copy will be returned to the
employee and a copy forwarded to the Deputy Minister or delegated representative authorized to make a decision at Step
Three. The Deputy Minister or delegated representative shall give the decision as quickly as possible and not later
than twenty (20) days after the grievance was presented. The decision will be in writing and the employee copy will be
returned, through the immediate supervisor, to the employee. The decision of the Deputy Minister or delegated
representative at the final step of the grievance procedure shall be final and binding upon the employee unless the
grievance is a class of grievance that may be referred to adjudication.
9.09 Copy to Association
Where a grievance relates to the interpretation or application in respect of an employee of a provision of this
Collective Agreement or an arbitral award relating thereto, or where the employee has indicated that he or she is being
represented by the Association, a copy of the reply at each step of this procedure shall be forwarded to the authorized
representative of the Association.
**
9.10 Demotion or Termination for Cause
A grievance resulting from the demotion or termination of an employee for cause pursuant to sub-clause 11(2)(f) or
(g) of the Financial Administration Act shall begin at the final step of the grievance procedure. The written
decision of the Deputy Minister or delegated representative shall be given as quickly as possible and not later than
thirty (30) days after the grievance is presented.
9.11 Permission to Enter Premises or Offices
A representative of the Association other than an employee will be permitted access to the Employer's premises to
assist in the settlement of a grievance, provided the Association has formally identified the representative in writing
to the Employer and the prior approval of the Employer has been obtained.
**
9.12 Adjudication of Grievances
Where an employee has presented a grievance up to and including the final step in the grievance procedure with
respect to:
(a) the interpretation or application in respect of the employee of a provision of this Collective Agreement or an
arbitral award relating thereto,
or
(b) disciplinary action resulting in suspension or a financial penalty,
or
(c) termination of employment or demotion pursuant to sub-clause 11(2)(f) or (g) of the Financial Administration
Act,
and the employee's grievance has not been dealt with to his or her satisfaction, the employee may refer the
grievance to adjudication.
9.13 Where a grievance that may be presented by an employee to
adjudication is a grievance relating to the interpretation or application in respect of him or her of a provision of
this Collective Agreement or an arbitral award relating thereto, the employee is not entitled to refer the grievance to
adjudication unless the Association signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication;
and
(b) its willingness to represent the employee in the adjudication proceedings.
9.14 Extension of Normal Time Limit
The time limits stipulated in this procedure may be extended by mutual agreement between the Management
representative and the employee, and the Association representative where the Association is representing the
employee.
9.15 Abandonment
An employee may, by written notice to his or her immediate supervisor or local officer-in-charge, abandon a
grievance at any time during the grievance process. If the grievance in question has been processed with the support of
the Association, the Employer will notify the Association, that the employee has abandoned the grievance. The
abandonment of a grievance shall not prejudice the position of the Association in dealing with grievances of a similar
nature.
9.16 Where an employee fails to present a grievance to the next higher
step within the prescribed time limits the employee shall be deemed to have abandoned the grievance.
9.17 In cases of alleged misinterpretation or misapplication arising out
of agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a
collective agreement and which the NJC parties have endorsed, the grievance procedure will be in accordance with
Part 14 of the NJC By-Laws.
10.01 An employee shall be notified in writing of any disciplinary action,
except an oral warning, taken against the employee by the Employer within a reasonable period of that action having
been taken.
10.02 The Employer agrees not to introduce as evidence in a hearing
relating to disciplinary action any document from the file of an employee, the existence of which the employee was not
aware at the time of filing or within a reasonable period thereafter.
10.03 Notice of disciplinary action which may have been placed on the
personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was
taken provided that no further disciplinary action has been recorded during this period. The employee shall be notified
orally when such notice has been destroyed.
10.04 Where any disciplinary notice is placed on an employee's personnel
file, a copy of such letter or note must be presented to the employee or sent by registered mail to the employee's last
known address within forty-eight (48) hours of its placement on the employee's personnel file.
11.01 Where operational requirements permit, the Employer will grant leave
without pay to an employee who has been elected to a full-time office of the Association. The duration of such leave
shall be for the period the employee is elected to hold office.
11.02 Where operational requirements permit, the Employer will grant leave
without pay to a reasonable number of employees at any one time to attend Association Executive Council meetings,
congresses and conventions. Leave without pay for this purpose shall be requested in writing to the Employer as far in
advance as possible of the date the leave is to commence, but normally not less than fifteen (15) calendar days in
advance. Approval of such requests shall not unreasonably be withheld.
11.03 Public Service Staff Relations Board Hearings Pursuant to Section 23 of the
Public Service Staff Relations Act
(a) Where operational requirements permit, the Employer will grant to an employee who makes a
complaint leave with pay if the Public Service Staff Relations Board decides in favour of the employee and leave
without pay in all other cases.
(b) Where operational requirements permit, the Employer will grant leave without pay to an employee
who acts on behalf of an employee making a complaint, or who acts on behalf of the Association making a
complaint.
(c) The Employer will grant leave with pay to an employee called as a witness by the Public Service
Staff Relations Board.
(d) Where operational requirements permit, the Employer will grant leave without pay to an employee
called as a witness by an employee or the Association.
11.04 Arbitration Board and Conciliation Board Hearings
(a) Where operational requirements permit, the Employer will grant leave without pay to an employee
representing the Association before an Arbitration Board or Conciliation Board.
(b) The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board
or Conciliation Board, and where operational requirements permit, leave without pay to an employee called as a witness
by the Association.
**
11.05 Adjudication
Where operational requirements permit, the Employer will grant leave with pay to an employee who is:
(a) a party to an adjudication,
or
(b) the representative of an employee who is a party to an adjudication,
or
(c) a witness called by an employee who is a party to an adjudication.
**
11.06 Contract Negotiations Meetings
(a) The Employer agrees to recognize and deal with a Collective Bargaining Committee comprising a
reasonable number of employees for the purposes of negotiating collective agreements between the Employer and the
Association.
(b) Where operational requirements permit, members of the Collective Bargaining Committee will be
granted leave without pay for meetings with the Employer under sub-clause (a).
11.07 Presentation of Grievance
(a) An employee may be granted time off during working hours to discuss a complaint or grievance
provided prior permission of his or her immediate supervisor is obtained.
(b) An employee who is a representative of the Association may, with the permission of his or her
immediate supervisor, be granted time off during working hours to assist an employee in the presentation of a
grievance. Where such assistance is given during working hours in the representative's area of jurisdiction he or she
may be granted time off with pay, and where such assistance is given at locations other than in the representative's
area of jurisdiction, leave without pay.
(c) Employees, and employees who are representatives of the Association, will not be entitled to be
paid when a discussion or meeting on a complaint or grievance takes place outside their normal working
hours.
**
11.08 Where operational requirements permit, the Employer shall grant
leave without pay to officers of the Association to attend to Association business.
**
11.09 Operational requirements permitting, one (1) employee member of the
Association's National Executive or his or her appointed alternate, formally invited by Federal Government agencies to
attend joint meetings for discussion of mutual problems, shall be granted leave with pay including reasonable travel
time required for attendance at such meetings.
12.01 The Employer may permit the Association to use the Employer's
premises outside the working hours of the employees for conducting meetings of their members, which are not related to
membership recruitment, where refusal to grant permission would make it difficult for the Association to convene a
meeting. The Association shall insure the orderly and proper conduct of its members who attend such meetings and agrees
to be responsible for leaving facilities in good order after use.
12.02 Reasonable space on bulletin boards will be made available to the
Association for the posting of official Association notices in convenient locations as determined by the Employer.
Notices or other material shall require the prior approval of the Employer, except notices of meetings of their members
and elections, the names of Association representatives and social and recreational affairs. Notices or other material
pertaining to political matters or membership recruiting, or material which may be interpreted to reflect discredit
upon the integrity or motives of the Employer, representatives of management, other employee organizations, or
individuals shall not be posted.
13.01 The Employer and the Association recognize that consultation and
communication on matters of mutual interest outside the terms of the Collective Agreement should promote constructive
and harmonious Employer-Association relations.
**
13.02 Wherever possible, the Employer shall consult with representatives
of the Association, at the appropriate level, about contemplated changes in conditions of employment or working
conditions not governed by this Agreement.
**
13.03 The Employer shall recognize an Association Committee comprised of a
reasonable number of employees for the purpose of consulting with management.
13.04 It is recognized that a subject suggested for discussion may not be
within the authority or jurisdiction of either the management or Association representatives. In these circumstances,
consultation may take place for the purpose of providing information, discussing the application of policy or airing
problems to promote understanding, but it is expressly understood that no commitment may be made by either party on a
subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter,
amend, add to, or modify the terms of this Agreement.
**
13.05 Meetings with the Association Committee shall take place at least
once per calendar year, and by mutual consent, more frequently.
13.06 All meetings shall be held on the Employer's premises at a time and
for a duration determined by mutual agreement.
13.07 Full-time employees forming the continuing membership of the
Association Committee shall be protected against any loss of normal pay by reason of attendance at such meetings with
management, including reasonable travel time where applicable. Notwithstanding clause 13.06, such meetings shall not be
held on such employees' days of rest.
13.08 A designated representative of the Association Committee and
management shall exchange written agenda for a meeting as early as possible prior to the effective date of the meeting,
but in any case normally not less than fifteen (15) calendar days in advance.
13.09 The Employer agrees that an employee will not be proposed as a
managerial or confidential exclusion solely because the employee may be involved in consultation with a bargaining
agent certified under the Public Service Staff Relations Act.
14.01 The Employer agrees to provide each employee with a copy of the
Collective Agreement and any amendments thereto.
14.02 The Employer agrees to provide the Association quarterly with the
names of new employees, their geographic location and classifications. In addition, a list of changes in employees'
status will be forwarded each month to the National Office of the Association.
15.01 Agreements concluded by the National Joint Council of the Public
Service on items which may be included in a collective agreement, and which the parties to this agreement have endorsed
after December 6, 1978, will form part of this agreement, subject to the Public Service Staff Relations
Act (PSSRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to
any Act specified in Schedule III of the PSSRA.
15.02 NJC items which may be included in a collective agreement are those
items which the parties to the NJC agreements have designated as such or upon which the Chairman of the Public Service
Staff Relations Board has made a ruling pursuant to (c) of the NJC Memorandum of Understanding which became effective
December 6, 1978.
16.01 Thirty-seven and one-half (37 1/2) hours exclusive of lunch periods
shall constitute the normal workweek.
**
16.02 Notwithstanding the provisions of this Article, upon request of an
employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a
period other than five (5) full days provided that over a period of fourteen (14) calendar days the employee works an
average of thirty-seven and one-half (37 1/2) hours per week. As part of the provisions of this clause, attendance
reporting shall be mutually agreed between the employee and the Employer. In every fourteen (14) day period, such an
employee shall be granted days of rest on such days as are not scheduled as a normal work day for him or her.
**
16.03 Notwithstanding anything to the contrary contained in this
Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional
payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any
hours of work permitted by the terms of this Agreement.
16.04 Employees will submit weekly attendance registration only to report
leave or overtime.
**
16.05 Where operational requirements permit, the Employer will provide
employees with meal and relief breaks.
**
17.01 Time worked by an employee in excess of his or her scheduled hours
of work shall be considered as overtime.
17.02 Overtime Compensation
(a) An employee shall be paid for overtime worked at one and one-half (1 1/2) times his or her
straight-time hourly rate except that if the overtime is worked by the employee on two (2) or more consecutive and
contiguous days of rest, the employee shall be paid at two (2) times his or her straight-time hourly rate for each hour
worked on the second and subsequent days of rest.
(b) An employee is entitled to overtime compensation for each completed fifteen (15) minute period of
overtime worked by the employee.
(c) An employee at his or her request, shall be granted time off in lieu of overtime at the
appropriate overtime rate. The employee and his or her supervisor shall attempt to reach mutual agreement with respect
to the time at which the employee shall take such lieu time off. However, failing such agreement, such lieu time will
be accumulated.
Where an employee requests time off in lieu of overtime, the employee must indicate this to his or
her supervisor prior to the end of the month in which the overtime occurred.
Where an employee has not utilized accumulated time off in lieu of overtime by the end of the fiscal
year, the unused portion will be paid off at the appropriate overtime rate.
(d) Except as provided in sub-clause 17.02(c), the Employer will endeavour to make cash payment for
overtime in the month following the month in which the overtime was worked.
17.03 The Employer will endeavour to keep overtime work to a minimum and
shall assign overtime equitably among employees who are qualified to perform the work that is required at the location
concerned.
**
17.04
(a) An employee who works three (3) or more hours of overtime immediately before or immediately
following the employee's scheduled hours of work shall be reimbursed expenses for one meal in the amount of
nine ($9.00) except where free meals are provided.
(b) When an employee works overtime continuously extending four (4) hours or more beyond the period
provided in (a) above, the employee shall be reimbursed for one additional meal in the amount of seven dollars ($7.00),
except where free meals are provided.
(c) Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in
order that the employee may take a meal break either at or adjacent to his or her place of work.
18.01 When an employee is called in to work overtime that is not
contiguous to the employee's scheduled hours of work, the employee is entitled to the greater of:
(a) compensation at the applicable overtime rate,
or
(b) compensation equivalent to four (4) hours' pay at his or her straight-time hourly rate.
18.02 An employee who receives a call to duty or responds to a telephone
or data line call after completing his or her work for the day and leaving his or her place of work may, at the
discretion of the Employer, work at the employee's residence or at another place to which the Employer agrees, and
receive compensation for time worked in accordance with the Overtime Article. In such instances, the employee shall be
paid the greater of:
(a) compensation at the applicable overtime rate for the time worked,
or
(b) compensation equivalent to one (1) hours' pay at his or her straight-time hourly rate, which shall apply only
the first time an employee reports for work during a one-hour period, starting with the employee's first reporting.
19.01 The following days shall be designated holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) The day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) The day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) One additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic
holiday in the area in which the employee is employed, or in any area where no such day is so recognized, the first
Monday in August,
(l) Any other day that is proclaimed by law as a national holiday.
19.02 When an employee works on a holiday, the employee shall be
paid, in addition to the pay he or she would have received had he or she not worked on the holiday, one and
one-half (1 1/2) times his or her straight-time hourly rate for all hours worked by him or her on the holiday.
19.03
(a) An employee at his or her request, shall be granted time off in lieu of cash payment at that
rate. The employee and his or her supervisor shall attempt to reach mutual agreement with respect to the time at which
the employee shall take such lieu time off. However, failing such agreement, such lieu time will be
accumulated.
(b) Where an employee requests time off in lieu of cash payment he or she must indicate this to his or her
supervisor prior to the end of the month in which he or she worked on the holiday.
(c) Where an employee has not utilized this accumulated time off by the end of the fiscal year, the unused portion
will be paid off at the appropriate rate.
19.04
(a) An employee who is absent without pay on both the working day immediately preceding and the
working day following the holiday shall not be paid for the holiday.
(b) An employee who is absent without permission and who is not on sick or special leave on a designated holiday, on
which he or she is scheduled to work, shall not be entitled to be paid for the holiday.
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